STATE OF H.P. Vs. RAM ACHAL TRIPATHI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.11.1999, whereby the learned Sessions Judge acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act').

(2.) BRIEFLY stated the facts of the case are that on 29.5.1999 at about 4.00 P.M., Head Constable Ram Singh was checking Bus No. UP -07B -8892, which was coming from Paonta Sahib towards Dehradun. The accused was sitting on seat No. 17. He held a cloth bag between his legs. From this cloth bag, two plastic packets were recovered. These contained Poppy Husk, which on weighment was found 2 kgs. Two samples of 10 gms. each were drawn and then the samples and the bulk were sealed with seal 'R' and taken into possession. Rukka was sent for registration of the case. Thereafter, the accused was arrested and tried. After trial, he has been acquitted, hence the present appeal.

(3.) A Division Bench of this Court in Rajiv Kumar alias Guglu v. Sate of H.P., Latest, HLJ 2008 (HP) 247, held as follows: